CJI sexual harassment: Judge reminds CJI he isn't above law
In the last couple of weeks, three distasteful events have happened in Supreme Court: A former employee accused CJI Ranjan Gogoi of sexual harassment, CJI rubbished the claims, and the panel formed to probe the allegations gave him a clean chit. Everything about the case raises concerns, and now former Delhi HC Chief Justice AP Shah has said this would haunt SC for years.
A bit about the case which rocked SC
Last month, the woman wrote an affidavit to 22 SC judges saying she was harassed by CJI at his home in October 2018. After CJI dismissed the claims in an unprecedented hearing, the top court made some progress by constituting the panel. But the panel disregarded woman's concerns, forcing her to quit the probe. On Monday, SC said its chief is "innocent".
Justice Shah asked why CJI Gogoi sat on bench
When CJI Gogoi sat on the bench to disregard the woman's story, he set a bad precedent. And Justice Shah agreed. Speaking to IE, Justice Shah said, "How could the CJI become a judge in his own cause? Our judges seem to have completely forgotten the words of Justice Verma, who said, Be you may ever so high, you are not above law."
The woman has right of due process, said Justice Shah
Justice Shah also slammed the bench for questioning the woman's story. "Even assuming that the woman was completely wrong, she still has a constitutional right of due process," he said. He added assembling the bench was one of the lowest points of Indian judiciary. "Every imaginable aspect of rule of law and natural justice was violated," he said.
SC didn't follow Vishaka guidelines: Justice Shah
Furthermore, Justice Shah said SC didn't take Vishaka guidelines into consideration while dealing with the case. He said these guidelines formed the basis of 2015's POSH law (Prevention of Sexual Harassment). SC itself underlined that there should be no discrimination against women, whatsoever. Justice Shah said that by assuming "that women have the propensity to lie", the in-house panel made a mockery of justice.
Justice Shah accepted there are no formulae in such cases
When asked on the route which SC should have taken, Justice Shah said there is no formula. But he stressed that "an inquiry in such cases should be compliant with the fundamental principles of natural justice". He said no judge should be immune to this.
The woman wasn't asking for much, said Justice Shah
Justice Shah added the proceedings upset him. "All that the woman asked for was to be represented by a lawyer or a friend. This was a very basic, and in my view, a reasonable request, coming from someone pitted against three powerful judges of a powerful institution," he said. It is also troublesome that the panel's report will not be made public, he added.
Justice Shah reminded SC has always saved democracy
"The Supreme Court is too important an institution to let things go like this. This is the only institution that has saved democracy, and given life to the Constitution. This episode is going to haunt the Supreme Court in the years to come," opined Justice Shah.
